HRJP Human Rights Joint Platform
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We are here to share our proposal for a draft bill on the article 301 of Turkish Penal Code which is signed by 20 thousands individuals from different segments of society and supported by more than 100 organisations representing thousands of citizens.
We demand immediate abolishment of the article 301 of Turkish Penal Code.
www.ihopdusunceozgurlugu.org
Because,
Article 301 is an anachronistic regulation which protects state and its institutions against its own citizens through making it a taboo. Democracy is a way of life that no institution, concept or ideology is tabooed including the public institutions. This tabooing creates an environment where issues relating the whole society could not be discussed. In such an environment social peace is harmed, differences in views can easily be transformed into hatred and violence is fuelled. Also the role of article 301 shows itself in the trigger that murdered Hrant Dink at this point.
Implementation of such a law in any conceptual framework is an unacceptable human rights violation. Degrading acts shall only be subject to penal provisions if they create hatred, discrimination, and racism within the society. Moreover insult alone is not the reason to be punished, if it racism and discrimination does not exist. Other regulations besides this and regulations banning only the insult are not reasons for limiting fundamental rights and freedoms. In today’s world, articles which accept these acts as crime are abolished, and described in compensation law, on the other hand those acts against institutions and symbols are not considered as crime.
301 is an important obstacle for freedom of press to be used in full sense. Turkey is being evaluated as a country where media is not totally free because of the cases brought before courts and convictions based on insulting. According to the Reporters without Borders freedom of press index Turkey 98th is ranking country in 2006.
Accepting insult as a crime is also contradictory to general principle of the legality of crime and punishment. According to the principle of legality of punishment which is defined in international law and in the Constitution; it is only possible for people to foresee which acts are criminal, if crimes are defined in codes clearly and precisely. Then it is assured people would know if an act is crime or not beforehand. It is dependant on the experts, prosecutors, or judges to interpret if the act is crime or not on 301 cases. Allowing a crime very much based on interpretation threats the freedoms of individuals, make the crimes ambiguous, and highlight arbitrariness.
In democratic states, writers and journalists are not sued with such regulations. From 1969, insult crimes are not used for writers and journalists in France by the judicial organs. It is not different in Austria, Denmark, Federal Germany, the Netherlands, Norway, Poland, Portugal and Italy. However, these acts are exempted from law in Sweden 30 years ago. Whether you say insulting or “mocking and insulting”, creating a crime with these concepts does not get along with a libertarian legal system. Mocking, which means discreditable acts to dignity, can only be insulting when it is direct to human dignity. Abstract entities and organizations can not be subject of such an insult or harm.
Deriding, which means scorn and humiliation, is a way of condemn not on the level of insult. Such an act which is even not a crime when directed towards an individual can not be accepted to be considered as a crime when directed towards an institution.
Freedom of expression can only be limited when it is related with racism, discrimination, and call for violence.
Dear press members,
It is only possible to establish public order in a democratic state of law by protecting freedoms. Although there is no hierarchy among the liberties, the globally agreed point is that the freedom of expression is the base of a democratic society. If we want to improve our democracy we should abolish all the limitations before this freedom starting with article 301.
We want the total abolishment of article 301 as the first duty to improve social peace and justice.
20 THOUSANDS CITIZENS
MORE THAN 100 NON-GOVERNMENTAL ORGANISATIONS
ORGANIZATION OF HUMAN RIGHTS AND SOLIDARITY FOR OPPRESSED PEOPLE (MAZLUMDER)
HUMAN RIGHTS FOUNDATION TURKEY
PEACE INITIATIVE
